The Medical Act 1983 (Amendment) Order 2002

National Health Service (General Medical Services) Regulations 1992 U.K.

30.—(1) In regulation 2(1) of the National Health Service (General Medical Services) Regulations 1992 M1 (interpretation)—

(a) in the definition of “medical register” for “section 34” substitute “ section 2 ”;

(b) the definitions of “Preliminary Proceedings Committee” and “Professional Conduct Committee” shall be omitted; and

(c) in the appropriate places there shall be inserted “ “Fitness to Practise Panel” means a Fitness to Practise Panel referred to in section 1(3) of the Medical Act 1983; ” and “ “Investigation Committee” means the Investigation Committee of the General Medical Council referred to in section 1(3) of the Medical Act 1983; ”.

(2) In regulation 7 of the National Health Service (General Medical Services) Regulations 1992 (removal from the medical list)—

(a) in paragraph (1) for sub-paragraph (c) substitute—

“(c) is the subject of a direction given by a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) that his name be erased or that his registration in the register be suspended following a finding by that Panel that his fitness to practise was impaired by reason of misconduct, conviction or determination, or of an order made by that Panel under section 38(1) of that Act (order for immediate suspension or immediate conditional registration after a finding of impairment of fitness to practise);”;

and

(b) in paragraph (3) for sub-paragraph (a) substitute—

“(a) any period during which the doctor provided no general medical services by reason only that his registration as a medical practitioner was suspended under section 35D of the Medical Act 1983 by a Fitness to Practise Panel following a finding by that Panel that his fitness to practise was impaired by reason of his physical or mental health or by interim order under section 41A of the Medical Act 1983 (interim orders);”.

(3) In regulation 18E(2) of the National Health Service (General Medical Services) Regulations 1992 M2 (criteria for approval and nomination) for sub-paragraph (b) substitute—

“(b) that his entry in the Medical Register is subject to conditions imposed pursuant to section 35D (impairment of fitness to practice) or section 41A (interim orders) of the Medical Act 1983.”.

(4) In Schedule 2 of the National Health Service (General Medical Services) Regulations 1992 (terms of service for doctors) in paragraph 18A (out of hours arrangements), in sub-paragraph (7)(h), for (ii), substitute—

“(ii) he has been notified under section 35C(5) of the Medical Act 1983 that the Investigation Committee of the General Medical Council has decided that a case of which he is the subject should be referred to a Fitness to Practise Panel.”.

(5) In Part III of Schedule 3 of the National Health Service (General Medical Services) Regulations 1992 (information and undertakings to be given etc.), in paragraph 6 at the end insert “ who holds a licence to practise ”.

Marginal Citations

M1 S.I. 1992/635; the relevant amending instruments are S.I. 1995/3093, 1996/702, 1997/2468, 1998/682 and 2838, 1999/326, 2000/220 and 1707, 2001/3742, and 2002/554, 881, 916 and 1920.

M2 Regulation 18E was inserted by S.I. 1998/2838.